TD odd 13220

_ IN THE HIGH COURT OF MADHYA PRADESHPRINCIPAL SEAT AT JABALPUR

W.P. No. [2G4 / 2020(PIL) -

CAUSE TITLE

PETITIONERS: 1. Jagat Jot Singh Flora S/o Late Amrik SinghFlora, aged about 61 years, Field Naturalist,R/o House No. 46, Napier Town, Jabalpur,M.P.

2. Vivek Sharma S/o Shri Ram Kumar Sharma,aged about 32 years, Biologist, R/o 393,Sanjeevani Nagar, Garha, Jabalpur, M.P.

3. Nikita Khamparia, D/o Shri Nirmal KumarKhamparia, age about 29 years, Field =Naturalist, R/o 1505, Ganga Nagar Colony,Garha, M.P. |

- Versus

RESPONDENTS: 1. State of Madhya Pradesh through the ~™Principal Secretary, Department of Forests,Governmentof M.P., Vallabh Bhavan, Bhopal,M.P. psforestmp@gmail.com |

2. The Principal Secretary, Department ofUrban Administration and Development,Governmentof M.P., Vallabh Bhavan, Bhopal,M.P. psuaddmp@mpurban@gov.in -

3. The Principal Chief Conservator of Forestscum Chief Wildlife Warden, Government ofMadhya Pradesh, Satpura Bhavan, Bhopal,M.P. pccfmp@mp.gov.in

4. The Central Zoo Authority through itsMember Secretary, B1 Wing, 6" Floor, Pt.Deen Dayal Antyoday Bhavan, CGO Complex,Lodhi Road, New Delhi, 110 003. cza@nic.in

5. Madhya Pradesh Pollution Control Board,through its Member Secretary, E-5, AreraColony, aryavaran Parisar, Bhopal, M.P. ms- amp cbh@mp.gov.in

Fae

Ag CG

~

its Commissioner, Municipal Corporation

Office, Jabalpur, M.P.

~ commijabalpur@mpurban.gov.in

wht

aoe

JES

Airport Manager, Jabalpur Airport, Jabalpur,M.P. apd_vajb@aai.aero

REGULAR PUBLIC INTEREST LITIGATION PETITION UNDERARTICLE 226 OF THE CONSTITUTION OF INDIA

Particulars of the cause/order against the petition is made:

(1) Date of Order: None

(2) Notification No: None

(3) Issued by: None

Subject matterin brief:

The present petition is being filed in public interest seeking

protection of one of the most well-preserved ecological habitats in

any urban areain the country.It is submitted that the Dumna Nature

Reserve of Jabalpur is a unique ecological habitat under the

Municipal Corporation Jabalpur. It was transferred to the then

Municipal Committee as the catchment area for the Khandari Lake.

This forest has a history of nearly 140 years of conservation and has

evolved as a well-preserved ecological habitat with a resident

population of 9 leopards, more than 2000 deers, host ofotherwildlife

including more than 300 species of birds. The reserve includes the

Khandari Lake whichis an important sourceof drinking water supply

to the city.

The State Government has decided to set up a tiger safari and a

rescue centre on 175 acres of land in the middle of Dumna Nature

Reserve.A tiger safari is essentially a zoo where captive tigers are

put up for public amusement. The establishment proposed safari in

Dumna would completely destroy the fragile eco system of the

Nature Reserve and would be a death warrant for the resident

wildlife. |While there is no objection to there being a tiger safari in Jabalpur,

~...the selection of Dumna as its proposed site would destroy a naturalfom Pom self-sustained ecological habitat.

EEN

7. The Airport Authority of India, through the

_

2.

That apart the City Development Plan for Jabalpur declares

Khandari and its catchment area as sensitive area from the point of

ecology and permits only projects related to garden (plantation), and

water conservation are permitted. No other project such as the one

proposedin the form of tiger safari can be established owing to the

prohibitory and mandatory language of Section 25 of the Nagar

Tatha Gram Nivesh Adhiniyam, 1973 which make the provisions of

the Development Plan mandatory for developments after the plan

has been notified under Section 19. The same developmentplan in

fact notifies the Sangram Sagar area as for the zoo (which includes

as safari as per Wildlife (Protection) Act, 1972). The petitioners have

already represented the matter with the authorities requesting them

to change the location of the proposed safari, but to no avail. Hence,

the present petition before this Honourable Court.

The antecedents of the petitioners:

(1) The petitioner No. 1 is a field Naturalist with 40 years of

experience in wildlife conservation and education. The

petitioner No. 1 has conducted various programs including

training of officers andstaff ofthe forest departmentin the last

15 years. The Forest Department holds a program every year

called “Anubhuti” which is headed bythe petitioner. He is also

invited to regularly train staff and conduct wildlife surveys in

Kanha, Bandavgarh, Satpura and other protected areas.

(2) The petitioner No. 2 has been active in participation in wildlife

enforcement work. He has a Master’s Degree in Zoology and is

currently pursuing Ph.D in ‘Snakes of Central India’. He has

been actively involved in training different Organizations and

Groups and Forest Departments of various states across the

country. He has published more than 20 research papers on

snakes and other wildlife has also co- authored a bookTitled

< “Snakes of Kerala’. He is presently working for the GovernmentoS .Dro Kerala as a Biologist under Indriyam Biologics, Trivandrum,

\ ay

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(3) The petitioner No. 3 is a Field Naturalist and has workedin the

same capacity with Taj Safari's in Kanha, Bandavgarh, Pench

and Chiwan National Park, Nepal. She has also worked as

Project Manager in Waste Warriors Society, Corbet Tiger

Reserve, Uttarakhand. Therefore, the petitioner No. 3 is also

actively involved in conservation of wildlife habitats.

3. Facts in brief, constituting the cause:

3.1. Itis submitted the Dumna Nature Reserve of Jabalpur Municipal

a Corporation is spread over nearly 1600 acres of forested land

on a plateau, about 40 meters above Jabalpur town. It was

transferred to the Municipal Committee of Jubbalpore by the

provincial government to act as the catchment area for the

Khandari lake. The Khandari Dam wasconstructedin February,

1883 under J.H. Morris, Chief Commissioner of the Central

Provinces and Berar. Since then, the forested area provides

rain water to feed the Khandari Lake. The place, along with

Lower Gaurforest, is described in Captain James Forsyth’s

_ ‘Highlands of Central India’ as a favored placefor tiger shoots

for British officers. The forest is dry deciduous type,typical of

central Indian mixed forests. It is home to many species of

native trees, plants, shrubs, herbs, creepers, climbers and

grasses. The park boasts of diverse eco-systems - woodlands,

grasslands and wetlands. Dumna hasa resident population of =

9 leopards, nearly 2,000 deer — cheetal, barking deer, four

horned antelope, jungle cat, rusty spotted cat, wild boar,

crocodile etc. More than 300 bird species, both migrant: and

resident, have been recorded from Dumna. ~—. ied

3.2Over the years, the Municipal Corporation Jabalpur has invested

huge funds and has developed a 12 km cycle trail, walking

nature trails, a nature library, an interpretation centre, view

woeER“OFouppoints etc in Dumna. Dumna has evolved as a centre of

atfaction for not only for tourists but also for students,

natiralists and birders, who enjoy the beauty of nature in both

academic and recreational ways. There has never beena single

incident of man — wildlife conflict in or around Dumna.A self-

sustained eco system with 9 leopardsis flourishing on the edge

_ of the town. Therefore, Dumna is a classic case urban

conservation with few parallels in the country.

3.3 The petitioners have beenactively working in Dumna studyingits

ecological wealth — both flora and fauna. The petitioner No.1

has himself compiled the data with regard to the bio-diversity of ©

Jabalpur and more specifically of Dumna.A list of the birds of

Jabalpur, 300 of which have been recorded from Dumnaisfiled

herewith and marked as Annexure P1. Thelist of butterflies

found in the areais filed herewith and marked as Annexure P2.

Similarly, the list of reptiles found in Dumna is also filed herewith

~ and marked as Annexure P3. Some photographsofthe wildlife

and Landscape at Dumna Nature Reserveare representatively

filed herewith and marked as Annexure P4.

| 3.4 Considering the importance of Dumna and Khandari to Jabalpur

and its environment, significant provisions have been madein

the DevelopmentPlan for Jabalpur to ensure that the lake and

its catchmentarea is not diverted for any other purpose except

water conservation and afforestation. It is submitted that the

Development Plan for Jabalpur in Chapter 1, Para 1.10

. describes Khandari and its surrounding areas as sensitive

zonesfrom the point of view. of ecology, water conservation and

vegetation. It is stated that physical development in these

sensitive areas would have negative impact on the water body,

vegetation and environment. Chapter 2, Para 2.12 of the

DevelopmentPlan describes the Khandari Hills as rich in forest =

coveralong with Madan Mahal and Gupteshwar.It is proposed

to have comprehensive plantation policy for this area to

maintain the rich biodiversity. Chapter 4, Para 4.6 of. the

BOF O47™ Develo t Plan has b ith eff ) *Oe Eby> pmen an has been amended with effect fromf

is)Ada: 2 Mie. {63}

“Ye ws A.Mf

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water conservation projects are permissible in Khandari

sensitive area. Relevant portions of the Development Plan for

Jabalpur are filed herewith and marked as Annexure P5. A

copy of the amendmentdated 16.10.2015 is alsofiled herewith

and marked as Annexure P6. |

3.5lt is submitted that the Central Zoo Authority has published the

Design Guidelines for Zoo's, which are available in the form of

_ e-book on the official website of CZA. Chapter IV of the said

publication deals with site planning. Para 4.4 at page 57

specifically states that if the site for the Zoo falls in an urban

area regulated by a masterplan,then the site selection must be

in accordance with the Master Plan. A copy of the relevant

portion of aforesaid publication is filed herewith and marked as

| Annexure P7.

3.6It is submitted that despite the above position of facts and law,

the State Government has decided to establish a Tiger Safari at

Dumna Nature Reserve and an area of 175 acresof land is

- proposed to be taken up for this purpose right in the heart of

Dumna. A copyof the proposedsite for the Tiger Safari within

Dumna Nature Reserve is filed herewith and marked as

Annexure P8.

3.7 It is submitted that while there is no objection,in principle, to the

establishment of the Tiger Safari, it is for sure that Dumna

Nature Park and its flourishing eco systems would get

permanently devastated in the process. The only objection is

to the selection of Dumnafor this purpose.It is submitted that

. Dumna has evolved over years of conservation as a self-

sustained ecological habitat. It is teeming with wildlife having 9

leopards, 2,000 deeretc., nearly 300 species of birds, various

butterflies, reptiles, amphibians, etc. Therefore, the Tiger Safari

i) the Master Plan. In fact no project of any sort, except oneTaeey fxs . . .

ar “/ relating to afforestation, garden development or water

3) catchment area and falls in the sensitive zoneas described in

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conservation is permissible in this area. Any other project such

as the proposed Tiger Safari would bein violation of Section 25

of the M.P. Nagar Tatha Gram Nivesh Adhiniyam, 1973. |

3.8It is submitted that a tiger safari is not a case of introduction of

tigers into their natural habitat. It is essentially a zoo. The Tiger

Safari is approved only by the Central Zoo Authority. Tiger

Safari falls in the definition of a zoo as per Section 2(39) of the

Wildlife (Protection) Act, 1972. The tigers of a tiger safari are

captivity born, captivity raised, captive tigers, who are required

to be fed artificially. They rarely breed in captivity. When they

do, their cubs only go to other zoos orsimilartiger safaris.

_ Thesetigers play no role in maintaining the balance of ecology.

A tiger safari is essentially. for public amusement. The forest

department would bear testimony to the fact that the best

density of wildlife anywhere in Jabalpur is in Dumna. There is

no other case parallel to Dumnain the entire country, with a

natural forest and eco system having a_ self-sustained

population of 9 leopards within Municipal limits of the town.

Dumnais thus the only oneofits kind in the country. To add to

this, there not a single case of man — wildlife conflict from

Dumna.As againstthis, tiger safaris are common.There is one

in Mukundpur, another in Raipur. National parks like Kanha,

Bandhavgarhtoo are constructing their own tiger safaris so that

the burden of tourists can be reduced from the park's natural

habitat. The administration has chosen 175 acresofland in the

heart of Dumnafor establishment of the Safari. It is the entire

peninsular land with Khandari lake onits three sides. Thesite

is about 2.5 km from the main entrance. Establishment of the

safari wouldinvolve considerable construction in Dumna.High

FCAR fences, housing space for tigers, administrative buildings,

«tourist facilities, public toilets etc. are some examples. During

\¢bnstruction, several vehicles and hundreds of workmen will

‘Fbver, to and fro the 2.5 km of forest every day, leaving the

“Usnatural habitat devastated.

2 TieL 20H

3.9After the safari is established, hundreds of tourists will travel

every day to the heart of Dumnafor the safari. The damage to

the eco system will be permanent. Dumna will never be the

‘same. Faced with such destruction of habitat and continuous

disturbance,the wildlife - 9 leopards, 2000 odd deer, thousands

of peacocks would haveto face a slow andpainful death. With

_ grazing area reducedto less than half, the deer would also die

a slow death due to starvation. The leopards would be forced to

leave Dumna and venture into surrounding villages and

colonies. Conflict with humansis inevitable. A natural habitat,

with the best density of wildlife in Jabalpur and the most unique

Dumna will be lost forever.

3.10The liquid waste from the safari and touristfacilities will go into

the Khandari lake with the natural gradient. The purest water

body of Jabalpur, which is a source of drinking waterto thecity,

_ would get polluted with the establishment of the safari. It is

submitted that it was for these reasons that Chapter 2, Para

2.13.2 prescribes that setting up of a Zoo and botanical garden

in the Sangram Sagar area, while the land use of Khandari in

paragraph 2.13.5 has been prescribed as Van Vihar (Picnic

Spot). As per Section 2(39) of the Wildlife (Protection) Act, 1972

the term zoo includes:a safari.

3.11It is submitted that Dumna Nature Reserveis in close proximity

oa

of the Jabalpur Airport. In fact, the aerial distance between

. Dumna Nature Reserve andAirport is around 3 Kms. The tigers

in the safari are fed artificially. It is pertinent to mention that the

food and carcasses of animals fed to tiger attracts alot of

scavengerbirds, like vulture etc. It is submitted that birds,

especially the bigger oneslike vultures, are a big threatto flight

safety. When they comein contact with the aircraft in the flight

path, they cause severe damage to the aircraft and also put

:\ humanlivesat risk.

Bp JUL 2020

3.12It is submitted that the land in question is owned by the

_ Municipal Corporation Jabalpur. The Mayor in Council of

Jabalpur Municipal Corporation has already taken a decision

and turned downthe proposal for establishmentof a tiger safari

at Dumna. The Commissioner, Municipal Corporation Jabalpur

had sent the proposalfor the land of the Safari before the Mayor

in Council by letter dated 13.09.2017 and the MIC rejected the

same by resolution No. 503. Copies of the letter dated

13.09.2017 andthe resolution of the MIC arefiled herewith and .

collectively marked as Annexure P9.

3.131t is a universally knownfact that the survivalof forests and that

of the biodiversity contained therein, implies the survival of the

humanrace. Forests are the lungs of planet Earth. They are the

only check on pollution and global warming. They determine

the weather and climate of a particular place. They cause

precipitation, which is the very sourceoflife for the massesin

this country. They prevent floods and soil erosion. They

recharge groundwater levels and slowly release the water

absorbed during the rainfall, which helps keep the hugerivers

_ flowing perennially, especially in regions where there is no

melting ice to feed the rivers. Forests are home to mostof the

medicines, that medical science is awareof.

3.14It is most respectfully submitted that while it is true that the

above facts are universally known and accepted,it is also an

undisputed fact that forests in this country, and around the

world, are facing the onslaught of humaninterference in a one-

_. sided battle. Since the advent of agriculture, more than 10,000

(os

ia]ai)

gyIndia - (1998) 9 SCC 660, quoting the State of Forest Reporthl .

years ago, theIndian subcontinent has seen successive waves

_ of agricultural expansion. Fire, axe and plough have replaced:

prime forests with farms. The resulting figures are shocking to

the conscience of a common man. The Honourable Supreme

Court of India in T.N. Godavarman Thirumalpad Vs. Union of

1997, has said that the country has lost 17,777 square

kilometres of dense forests between 1995 and 1997. This ,.

devastation has not only continuedbut has acquired unsettling

momentum. The State of Forest Report, 2003 states that we

have lost a further 26,245 square kilometres of dense forests

between 2001 and 2003. The country now has only about 11% «

ofits geographical area under denseforests, out of this only

1.50% can be classified as very dense with a Canopycoverof

70%.

3.15It is submitted that deforestation and degeneration of forests

have had a direct impact on biodiversity. Fragmentation of

forests occurs when landscape continuity is broken. Forests

shrinkinto smaller patches to become honeycombed with non-

forest uses or barriers, and connectivity gets eroded. There is

clear scientific consensus that the effects of habitat =

| fragmentation are deleterious to biodiversity conservation. The

International Association for Protection of Nature and Natural

Resources states that on an average, one ‘species or

subspecies is lost every year. Approximately 1000 bird and

animal species are presently facing extinction. It is also said

that over half the species which became extinct overthe last

2000 years, did so after 1900. In India, as per “Biodiversity in

India’ by E. Somanathanfor ‘Oxford Companion to Economics

in India’, 41% mammal, 7% birds, 46%reptile, 57% amphibian,

' and 70% of freshwater fish species can be categorized as

endangered. There is clear evidence that fragile ecological

balance is getting seriously disturbed. Man, himself cannot

Sr2472. remain untouchedif there is such devastation around him.It isoy 7 °

&

‘submitted that these figures are significant in the light of ancientSp, [OV \ wih

:“ff Dn aston regarding human survival and prosperity. The great. *

ae 8G . . .py, /i5 hilosopher Pythagoras had said nearly 2 1/2 centuries ago,-a.

Pale “For so long as man continues to be ruthlessdestroyer of lowerliving beings, he will never knowhealth or peace. For so long as men massacre

2 % JUL &hlithals, they will kill each other. Indeed, they who 7

144

sow the seeds of murder and pain cannot reap joyandlove’.

3.16It is most respectfully submitted that the forests of the country © are a national property. They are a community property which

are to be protected, secured and developed for collective

enjoymentofall the citizens of the country. Therights related to

the forests cannot be confined to any specific community or

class, inasmuch as no one can claim to have a greater or a

superiorright overthe forests, in derogation of the rights of other

citizens of the country. The state is under a duty to ensure that .

the benefits of such a national and community propertyi.e.

forests are preserved and made equally available to all the

citizens of the country, without discrimination, for any deviation

from the same would violate the principles contained in Articles

14 and 21 of the Constitution of India. These rights have been

universally recognized in Principle No.3 of the Stockholm

Declaration of United Nations on Human Environment, 1972

whichstates —

“Man has the fundamentalright to freedom, equality_ and adequate conditionsoflife, in an environment of *the quality which permits the life of dignity and well-being and bears a solemn responsibility to protectand improve the environmentfor present and future .generations.”

3.17It is further submitted that in the Directive Principles of State

Policy — Article 48A of the Constitution of India states that:

“The state shall endeavourto protect and improve theenvironment and to safeguard the forest and wildlifeof the country’.

“Sountry to protect and improve the national environment, =

“Ory,. teeta forests, lakes, and rivers and wildlife and to haveff

: mandates that the state shall protect the Fight |to life, as a

2? JUL Mofundamentalright of every citizen. Article 21 includes within is

—

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sweep and ambit the protection and preservation of —

environment, ecological balance free from pollution of the air

and water, sanitation without which life would not be

a

life of

dignity. It is most respectfully submitted that any deviation on

the part of the State from the aforesaid, would lead to failureon

the part of the State in providingto its citizens an environment

which is necessary for a healthy life. Hence, the Constitution

casts an imperative duty upon the Union and the States,

including local bodies and authorities to not only ensure and

safeguard proper environment .but also to get adequate

measures to promote, protect and improve the man-made and ~

natural environment. The situation of forests is desperate and

requires desperate measures. Forests have a tremendous

potential to regenerate and recover if left undisturbed. ~

' Environmentalists and conservationists universally recognize

the fact that if we are to undo the wrong that we have been

committing on the forests thus far, we have to leave greater

areasin the forests inviolate and undisturbed. The regeneration

of the forests depends upon the extent to which the pressure of

human presence is taken off the forests. The duty upon the

legislature is to rise above populist policies and act with

responsibility and take stern, even harsh, steps to ensure

conservation of forests and bio-diversity.

3.18It is submitted thatit is therefore imperative that every piece of

wildernessis preserved.It is the duty of the State to ensurethat

a community assetis not destroyed in the nameofcreating an

infrastructure for public amusement. Whensociety faces the

choice between entertainment and survival, there is hardly any

BE04, choice to make yet the administration is sitting over the matter ™(ey a

QO% and plunging the citizens of Jabalpur into an abysmal fall of

‘Elegradation from wherethere will be no return. Once the eco-

5)Isystem at Dumnais destroyed, there is no coming back forSOF ¥/ decades to come. There are severalalternative sites in Jabalpur

oReluding the Sangram Sagar area. The experiences of the

recent times have shown that the results of destruction of

ecology and natural habitats can be devastating. In this era of

natural calamities, we owe a solemnobligation to protect every

piece of wilderness. ‘Wilderness’ is created by natureitself. It

evolves, gets established and flourishes only in the absence of .

humaninterference. While it takes years of conservation for a

self-sustained eco system to form, it takes only few moments of

unplanned development to destroy it. Both Dumna Nature

Reserve and the proposed Tiger Safari can co-exist — but at

different places. The petitioners have sent a detailed

-representation dated 10.07.2020 to the State Government and

all concerned authorities with the request for a change of the

proposed site from Dumna to elsewhere. A copy of the

representation dated 10.07.2020 along with the email

screenshotIs filed herewith and marked as Annexure P10.

3.19Despite this the authorities are not taking any decision in the

matter while proposal to proceed with the transfer of land from

the Municipal Corporation to the State Governmentis being

| undertaken. Copies of the newspaperreports with regard to this

are filed herewith and marked as Annexure P11.

3.20It is submitted thatit is not only the petitioners but various other

organizations and public at large, who are up in arms against

the proposedsite for tiger safari and resultant destruction of the -

eco-system at Dumna. The TOFT(Tour Operators for Tigers),

which is an International Organization involved in preserving

wildlife bearing areas world over, has also submitted a detailed

_ objection to the proposed site and made a request to the

Ze. OF Oa authorities to establish the tiger safari other than Dumna. A copy ot IN

Pt the objection dated 17.07.2020 by TOFTis filed herewith and

., ilarked as AnnexureP12.

afl §

“3,2¢The petitioners are left with no option but to approach this

grounds;

22 SUL 2999

te Honourable Court though the present petition on the following ™

Source of information:4. |

The petitioners have been working for conservation of Dumna for

several years and mostof the information about ecologyof the area

is to their personal knowledge. The proposalfor tiger safari, Master

Plan and other documents have beenobtained from official sources.

5. Nature and extent of injury caused/apprehended

The establishment of tiger safari at Dumna Nature Reserve would

spell doom for ecosystem and wildlife of the area. The waterbody

i.e. Khandari Lake would also get polluted immeasurably.

Therefore, while the petitioners have no objection to establishment

of the safari at Jabalpur itis the selection of Dumna Nature Reserve

for this purpose whichis being objected toCd

6. Issue raised was neither dealt with nor decided

That, the issue raised was neither dealt with nor decided by a Court

of law at the instance of the petitioner or to the best of his

knowledge at the instance of any other person

7. Any representation etc. made

The petitioners have made a representation on 10.07.2020 before

the authorities, however, no action has been takentill date

8. Grounds:

8.1 It is submitted that the proposal to establish tiger safari at Dumna

Nature Reserve is not only arbitrary andillegal but is also a

colourable exercise of power which will lead to destruction of a

pristine eco-system in Jabalpur. Therefore, the impugned action ~

is in violation of Articles 21, 48A and 51A of the Constitution of

Xt dia.

‘028.2 ‘iis submitted that the proposal to establish the tiger safari at

AaBe- /Blumnaiis also in brazenviolation of Section 25 of the M.P. Nagar

atha Gram Nivesh Adhiniyam, 1973. Section 25 mandatesthatSoA

once a development plan has been broughtinto force through

271°agg

notification under Section 19, all developmental activities have to

conform to the developmentplan. Since, the development plan of

Jabalpur specifically states that the area in questionis a sensitive

area from the point of view of environment and only projects

related to garden and water conservation are permissible, the

establishment of tiger safari in Dumna is whollyillegal.

8.3 It is submitted that the Developmentplan not only prohibits such

a project at Dumna but notifies an altogether different site i.e.

Sangram Sagarfor the establishment of a zoo. The term ‘Zoo’ as

per Section 2(39) of the Wildlife (Protection) Act,1972 includes a

safari. Therefore, the administration is under obligation to act as

per the masterplan and changethelocation of the proposedsafari

accordingly to a place outside Dumna. | .

8.4 It is submitted that even the Central Zoo Authority guidelines

specifically provide that the provisions of the masterplan are to be

complied with for selecting the site of the tiger safari. Therefore,it

is also the duty of the State Forest Department and Central Zoo

Authority to ensure that the provisions of the master plan are

adheredto while selecting the site for the proposed safari. .

8.5 It is submitted that the waterbody i.e. the Khandari Lake would

also face enormous pollution in the form of human waste that

would get generated from the safari and would flow into the

reservoir with the natural gradient of the land. Therefore,it is also

the duty of the Pollution. Control Board to ensure that one of the

purest water bodies of Jabalpuris not lost to a cause of setting-up

an infrastructure for which alternative sites are available.

8.6 It is submitted that the Municipal Corporation Jabalpur has already

objected to the proposal of the tiger safari at Dumna and returned

aN the requestfor transfer of land for this purpose.It is submitted that

e per Section 80 of the M.P. Municipal Corporation Act, 1956a fOER \Fy sf yg ‘é

We4)cAmmovable Property) Rules, 2016, the land at Dumna cannot be ad with the provisions of the M.P. Municipalities (Transfer of

ae

NB “Sy

Sas <.“SS transferred without the consent of the Municipal Corporation.SSO Therefore, the entire action is completely illegal.

2 2 Ju0999 .

>

34

8.7 It is submitted that the setting up of the safari at Dumna would

involve construction of enormous infrastructure as also huge

footfall every day in the heart of a beautifully preserved self-

sustained ecological habitat. This can easily be avoided by

selecting an alternativesite. The wildlife at Dumna would also face

destruction onaccount of the aforesaid. Therefore, it is solemn

dutyof the State to ensure that neither there is destruction of eco-

system orwildlife, nor the tiger safari is setup at a place where

nature suffers.

8.8 It is submitted that various public bodies and environmentalist

have already objected to the proposed site and requested the

State Government to select some other site for the tiger safari.

Thepetitioners have also submitted a detailed objection which has

not been consideredtill date. »

9.Details of remedy exhausted:

It is most respectfully submitted that the petitioner has no other

alternative efficacious remedy exceptto file the present petition

beforethis Hon'ble Court. _

10.Delay,if any,in filing the petition and explanation thereof:

- It is most respectfully submitted that there is no delay in filing the

presentpetition before this Hon'ble Court

11.Relief (s) prayed for:

The petitioners, therefore, most respectfully pray that this

Honourable Court maykindly be pleased: --

(i) To direct the respondents to select a site for the tiger safari,

, a place other than in Dumna Nature Reserve in accordance with

NG provisions contained in the Development Plan of Jabalpur;

f) To direct the respondents to not to disturb the eco-system

at Dumna Nature Reserve in any manner and to ensure its

“URWYSERBe sustenance and survival in thebest possible manner; 2 JUL Quy

| . ‘ 2 D | | ”

(iii) Grant any otherrelief that this Honourable Court deemsfit

andjust in the facts and circumstancesof the case.

12.Interim order, if any, prayedfor:

It is most respectfully submitted to the best of the information of the -

petitioners there is a proposalfor transfer of land from the Municipal

Corporation Jabalpur to the State Government for the purpose of nm

| safari. Any action takenin this regard would causeserious prejudice

to the eco-system and the wildlife at Dumna Nature Reserve.

Therefore, as an interim relief all further action towards

establishment of the safari at Dumna Nature Reserve, including

transfer of land may kindly be restrained, until final disposal. of the

presentpetition.

13. Caveat:

That, no notice of lodging a caveat by the opposite party is

received.

Anaffidavit in support is filed.

(Anshuman Singh) aCounselfor the Petitioners

IN THE HIGH COURT OF MADHYA PRADESHPRINCIPAL SEAT AT JABALPURW.P. No.19922 of 2020(PIL)

PETITIONERS: Jagat Jot Singh and others.

Versus |RESPONDENTS: State of M.P. and others.

AFFIDAVIT

|, Jagat Jot Singh S/o Late Amrik Singh, aged about 61 years, R/o 46

Napier Town, Jabalpur, M.P. do hereby state on oath as under:

1. That | am the petitioner No.1 in the instant case as such | am

well conversant with the facts of the case.

2. That the instant petition has been drafted andis being filed

in accordance with myinstructions. |

3. That the contents from paras 1 to 13 and Annexures P11 to P}2Z

are correct to aveJePERTALknowledge and believed to bewee % true. «4 oN

iuDEPONENT

VERIFICATION|, Jagat Jot Singh, the above named deponent, do hereby verify

that the contents from 1 to 3 of the above affidavit are true and

. correct.

Verified and signed on this é “day. ofjdily, 2020 at Jabalpur.hiil

yonfolDEPONENT

ION “thdfedUL4 Sho. ,

? 2 JUL 2020